CASE MANAGEMENT & COURT MANAGEMENT
Transcript of CASE MANAGEMENT & COURT MANAGEMENT
CASE MANAGEMENT&
COURT MANAGEMENT
- Roshan Dalvi
MANAGEMENT
• Elements of management– Planning
– Organising
– Directing
– Co-ordinating
– Controlling
As propounded by the Management Guru, Peter Drucker
The best way to predict the future
is to create it
- Peter Drucker
MANAGEMENT IN THE JUDICIARY –MODEL COURT
(Grassroots MBA)
– Non-value added items – big rocks
– Core competence – specialist Judges & Lawyers/court managers
– Time Management – 80/20 rule/ time frame
– Procedural simplification – codes / rules /moon story / Edison
– Paradigm shift – CBI / Swiss / blind man / 2 pots / sitarist / vase
– De-centralization – Service / Law clerks
– Latest first – Frivolous suits / false defenses / snake story
– Package Deal – making money by doing good
Management is doing things right; Leadership is doing the right things.
- Peter Drucker
MANAGEMENT IN THE JUDICIARY –MODEL COURT (Contd…)
– Sharing best practices – emulating the habits of the most successful / Avoid waste; find waste
– Blamestorming – To identify problem areas
– Systemic challenges - Circle of control, influence & concern
– Single (what) / double (why) loop thinking –Goal vs.Task/change task to reach goal/OODA loop, painter, singer story
– Performance related promotions/payments - PRP
– Judicial Social Service – CSR / Legal aid & Legal services
– Continuous education – National Centre for State Courts, US
– TEAM – Lawyers and Judges / Leadership training
If you change the way you look at things, the things you look at change. – Wayne Dyer
WHAT IS CASE MANAGEMENT?
Practitioners and Judges becoming better at what they do – i. e.,
Achieving the same end with less resources and in less time.
- Lord Justice Woolf,
Master of the Rolls, UK
To be a success in any thing –
Be Daring …… Be First …… Be Different
How to do MORE with less
CASE MANAGEMENT - for what?
• Improving efficiency
• Reducing delays
• Cutting costs
Judges who think they are too busy to manage cases are really too busy not to. Indeed, the busiest Judges with the heaviest dockets are the ones most in need of sound case management practices.
- William Schwarzer
Ambit of Case Management
• Procedural
• Substantive
Infrastructure
Sensitivity
Human mind is like a parachute;
It works only when it is open
STAGES OF CASE MANAGEMENT
Plaint
Service
Interim Applications
Ad-Interim relief
One defence
Rejection of Plaint
Court Commissioners
Oral applications
It is not the load that breaks you down;
It is the way you carry it.
STAGES OF CASE MANAGEMENT (Contd…)
Original documents
Preliminary Decree
Admissions
Issues
Evidence
Compilation
When it is obvious that goals cannot be reached, Don’t adjust the goals;Adjust the action steps.
-Confucius
STAGES OF CASE MANAGEMENT (Contd…)
Arguments
Judgment (oral & reserved)
Summary Judgments (on Arguments )
Costs
ADR
Summary Suits
Successful people do not do different things,
They do things differently.
CM STRATEGY
• Endeavour to dispose off / complete all proceedings filed at one time when all parties are represented and heard on merits
• Endeavour to dispose off / complete the main proceeding at the first available opportunity when all parties are represented and heard on merits
Instead of constantly adapting to change;Why not change to be adaptive ?
ASPECTS OF COURT MANAGEMENT
ScrutinyTechnicalitiesDirectionsCertified CopiesGroup matters New SuitsCase trackingExpedition OrdersBench book/handbook / propositions of Law Teaching basic law in schools & colleges
If we do not
let the world
teach us,
It teaches us
a lesson.
ASPECTS OF COURT MANAGEMENT (Contd…)
Discharge of Suits on Board / website
Assignment period / part heard matters
Classification of Suits
Registrar’s Powers
Facilitation Counter
Flexi vacations
The golden rule is :-
Jam Yesterday …. Jam Tomorrow,
but NEVER jam today.
UNIQUE TRIAL PRACTICE
Sir Norman Macleod CJ, Bombay High Court 1919-1926
As a trial Judge, he would ask the Plaintiff if what is stated in the plaint is correct. When he would answer “Yes”, the Judge would call upon the Defendant’s counsel to cross examine the Plaintiff.
In some cases, he dispensed with addresses & delivered his judgement.
P.B. Vatcha in his book recounted the practice and wrote that on most occasions Sir Norman was correct in his judgements ! The best way is always through.
Robert Frost
U.S. PRECEDENT PRACTICE• Restatement of the Law
-Every 10-15 years-On every topic-No case of the period prior to the restatement can be cited
( Comment of Jurist Fali Nariman – SC, a Judgment factory )
• Rocket Docket-Fast track-To ram frivolous cases through discovery and get them to trial ( Rule 83.19 – John Grisham in The Litigators )
ICT – Best Court Systems
• Red Crest Electronic Case Management System
- The timeliness Project in Australia – one e-file for all operable by username & password
• Sentencing Information System in Australia- To see decided cases (not to interfere with judicial discretion)
• The Integrated Electronic Litigation System (IELS or E-lit)
- Replaced the e-filing system in Singapore
CPC Amendments- 2016• S. 35 - Actual Costs• O5 R1 - WS in 120 days• O7 R2A – Interest details• O8 R1 – WS in 120 days• O8 R3A – Denials with reasons• O11 R1 (4) – Disclosure with pleading+30 days• O11 R2 - Interrogatories• O11 R3 – Inspection within 30 + 30 days• O11 R4 - Admissions & Denials within 15 days with reasons
for denials on affidavit • Costs for undue denials• Order on admitted documents, including waiver of proof &
rejection of documents• O11 R5 – Production of documents within 7 / 15 days• O11 R6 – Electronic records proved by printout
When you aim atperfection,
You discover
It’s a moving
object
CPC Amendments 2016 (contd…)
• O13A – Summary Judgment• O15 – Omitted• O15A – Case Management hearing• Time limits• Powers of court• Consequences of non-compliance• O18 R2 – Written arguments• O18 R4 – Affidavit of evidence of all witnesses together;
any affidavit may be withdrawn• O19 R4 – Court to control evidence & exclude evidence• O19 R5 – Court may redact or reject evidence if
inadmissible• O19 R6 – Affidavit of evidence in prescribed format• O20 R1 – Judgment within 90 days
A person who has
never made a mistake,
Has never tried
anything new.
- Albert Einstein
REQUIREMENTS FOR EFFECTIVE MANAGEMENT
Amendment to Orders in the CPC by the High Courts (CPC)
High Court Practice Directions (HCPD)
Legal & Judicial Education & Training
Precedents
Court Administration (CA)
The best 10 two-letter words –
If it is to be,
It is up to me.